University Building Act 1938
Reprint 1: The Act as at 6 June 2008
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
University Building Act 1938
CONTENTS
1.Short title2
2.Terms used in this Act2
3.University to erect building for certain purposes2
4.Power to Senate to meet expenditure incurred in erection of building2
5.Cost of building to be paid to University by Government with interest3
6.Provisions for payment by Government to University4
7.Appropriation5
Notes
Compilation table6
Defined Terms
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at 6 June 2008 |
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Western Australia
University Building Act 1938
An Act to authorise the expenditure by the Senate of the University of Western Australia out of certain trust moneys belonging to the University of the amount required for the erection and completion of a certain building at Crawley and to provide for a grant by the State to reimburse the University and for other incidental purposes.
Preamble
Whereas the Senate of the University of Western Australia deems it necessary to erect and complete at Crawley for the University, in addition to the existing buildings, a suitable building to be used for agricultural and pastoral research, and for training students in such research and for the teaching of agricultural science: And whereas the use of the proposed building for the purposes aforesaid will be of public advantage and utility and it is therefore deemed expedient to authorise the expenditure by the Senate aforesaid of the amount required for the erection and completion of the proposed building out of certain trust moneys belonging to the University and also that the Government of the State shall be authorised to provide out of public moneys of the State a grant to the University to reimburse the University the amount of the expenditure aforesaid: Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
This Act may be cited as the University Building Act 1938 1.
In this Act —
“Government” means the Government of the State of Western Australia.
“Senate” means the Senate of the University.
“University” means the University of Western Australia.
3.University to erect building for certain purposes
(1)The University shall, within a period of 2 years from the commencement of this Act or within such extended time as the Governor may allow, erect and complete at Crawley for the University a suitable building to be used for agricultural and pastoral research and for training students in such research and for the teaching of agricultural science.
(2)On the lodgment by the Senate with the Minister for Works of a certificate signed by the architect in charge of the erection of such building and by the Chancellor of the University that the said building has been erected and completed, the University shall be deemed to have complied with this section.
4.Power to Senate to meet expenditure incurred in erection of building
In order to provide the moneys necessary for the erection and completion of the building aforesaid in accordance with section 3, the Senate is hereby authorised, either by means of a loan on the security of the funds and investments now controlled by the University and known as the Hackett Bequest and of any other funds and investments being or representing trust moneys controlled by the University (other than land and buildings) or by means of a sale of any of the investments aforesaid or partly by means of a loan as aforesaid and partly by means of a sale as aforesaid, as the Senate may deem expedient, to raise a sum of money equal to the amount incurred or to be incurred as the cost of the erection and completion of the said building and to use such sum for the purpose of paying such cost: Provided that, as and when the payments provided for in section 6 are made by the Government to the University the Senate shall, as soon as practicable, use and apply such payments firstly to restore the moneys realised by sales of investments as aforesaid to the funds represented by the investments sold and thereby make the same subject to the trusts applying to such funds, and secondly to pay the amount of the principal sum and interest owing in respect of any loan raised as aforesaid.
5.Cost of building to be paid to University by Government with interest
(1)When the Senate has lodged with the Minister for Works the certificate mentioned in section 3(2) the Government shall become liable to pay to the University the cost of the erection and completion of the said building up to but not exceeding the sum of ₤14 000, together with interest upon the amount payable by the Government as aforesaid at the rate of 4% per annum computed from the date of the lodgment with the Minister for Works of the certificate aforesaid; and the Government shall pay the amount for which it shall become liable as aforesaid, together with interest as aforesaid in the manner provided in section 6.
(2)The cost of the erection and completion of the said building shall include the amount expended by the University in the erection and completion of the building and also interest at the rate of 4% per annum on the amounts expended on progress payments or otherwise by the University during the course and for the purposes of such erection and completion; all such interest to be computed from the respective dates of payment by the University and to be capitalised up to the date of the lodgment of the certificate as aforesaid.
(3)The completion of the building shall include the fitting, furnishing and equipping the building with apparatus and appliances necessary to make the building ready and fit for the purposes for which it is to be used as provided in section 3.
[Section 5 amended by No. 113 of 1965 s. 8(1).]
6.Provisions for payment by Government to University
(1)The amount of the cost of the erection and completion of the said building payable by the Government to the University as provided for in section 5 shall be paid as follows:
(a)The University shall create a sinking fund for the redemption of the said cost payable by the Government as aforesaid and in each and every year computed from the date of the lodgment of the said certificate with the Minister for Works as aforesaid the Government shall pay to the University as a contribution to such sinking fund a sum calculated at the rate of 0.5% of the cost payable by the Government as aforesaid until the aggregate amount of such annual contributions, which contributions for the purposes of this subsection are hereby presumed to be invested at the rate of 4% per annum compounded, is equal to the amount of the cost of erecting and completing the said building payable by the Government as aforesaid.
(b)Concurrently with the payment of the annual contributions payable by the Government under paragraph (a), the Government shall also in each and every year computed from the date of the lodgment of the said certificate with the Minister for Works as aforesaid pay to the University at the rate of 4% per annum on the total amount of the cost of erecting and completing the said building which is payable by the Government as aforesaid but so that the liability of the Government to pay interest under this paragraph shall cease and determine when the liability of the Government to pay contributions to the sinking fund under paragraph (a) ceases and determines.
(2)The first of the annual payments to be made by the Government under subsection (1) shall be paid 12 months after the date of the lodgment of the said certificate with the Minister for Works as aforesaid and the succeeding annual payments shall be paid annually thereafter.
[Section 6 amended by No. 113 of 1965 s. 8(1).]
All moneys payable by the Government under this Act are hereby charged on the Consolidated Account and that Account to the extent required for the payment thereof is hereby permanently appropriated accordingly.
[Section 7 amended by No. 6 of 1993 s. 11; No. 77 of 2006 s. 4 and 5(5).]
1This reprint is a compilation as at 6 June 2008 of the University Building Act 1938 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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University Building Act 1938 |
4 of 1938 (2 Geo. VI No. 4) |
25 Oct 1938 |
25 Oct 1938 |
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Decimal Currency Act 1965 |
113 of 1965 |
21 Dec 1965 |
Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1)); |
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Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
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Financial Legislation Amendment and Repeal Act 2006 s. 4 and 5(5) |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
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Reprint 1: The University Building Act 1938 as at 6 Jun 2008 (includes amendments listed above) |
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[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
Senate2
University2
By Authority: JOHN A. STRIJK, Government Printer